In theory, a workers’ compensation insurance carrier can be required to pay part of, or even the entire, cost of counsel fees owed to the attorney for the injured worker. This is to be awarded any time the insurance carrier lacks a “reasonable basis” to file or defend a litigation. …
Back in February, 2015, we posted a blog entry expressing our disappointment in the decision rendered by the Commonwealth Court of Pennsylvania in the matter of IA Construction Corporation v. Workers’ Compensation Appeal Board (Rhodes). We are now delighted to relate that the Supreme Court of Pennsylvania, the top appellate…
While I apologize to my clients for not being available for the last couple of days, I think you will agree that the absence was for a good cause. For the last several years, I have attended the Annual Pennsylvania Bureau of Workers’ Compensation Seminar, which was held earlier this…
Every employer in Pennsylvania must carry PA workers’ compensation insurance (unless exempted for some reason, such as qualifying to insure itself). The failure to carry workers’ comp insurance is a criminal act, one punishable by a fine and/or incarceration. Unfortunately, not all employers in PA obey the law. As we…
We have previously discussed things an injured worker in Pennsylvania may wish to consider when selecting a PA workers’ compensation attorney. Of course, you would want an attorney experienced handling PA workers’ comp cases. Having practiced primarily in the area of PA workers’ compensation for over 20 years, each of…
Generally, for most employees, the commute to and from work is not a time in which the employee is covered under the Pennsylvania workers’ compensation system (this is known as the “going and coming rule”). As with many of the principles we touch on with this blog, there are exceptions. …
Once an injured worker in Pennsylvania begins to receive workers’ compensation benefits, an insurance carrier can only stop making those payments under certain circumstances. If the benefits are being paid under a Notice of Temporary Compensation Payable (NTCP), then the insurance carrier can simply withdraw the NTCP, issue a Notice…
As we discussed back in September, the Commonwealth Court of Pennsylvania rendered an important decision for the IRE process when the Court decided the matter of M.A. Protz v. Workers’ Compensation Appeal Board (Derry Area SD). The delegation of power by the PA legislature, as we noted, was found to…
In many situations in life, things make sense. This is not always true in law. For example, a reasonable person may conclude that a “Notice of Denial” would be issued when a claim is “denied.” How silly that person would feel to know that Pennsylvania Courts find it perfectly acceptable…
As we have addressed in the past, the Pennsylvania Workers’ Compensation Act applies to most “employees” in the State of Pennsylvania. It does not, however, apply to “independent contractors.” Often the line of demarcation between the two classes is blurry. It becomes even more blurry when the findings of a…